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Unformatted text preview: acity, from liability arising from acts committed in bad faith; or 2. The public official is clearly being sued not in his official capacity but in his personal capacity, although the acts complained of may have been committed while he occupied a public position. (Lansang vs. CA, G.R. No. 102667, February 23, 2000) Q: The Northern Luzon Irrigation Authority was established by a legislative charter to strengthen the irrigation systems that supply water to farms and commercial growers in the area. While the NLIA is able to generate revenues through its operations, it receives an annual appropriation from Congress. The NLIA is authorized to "exercise all the powers of a corporation under the Corporation Code." Due to a miscalculation by some of its employees, there was a massive irrigation overflow causing a flash flood in Barrio Zanjera. A child drowned in the incident and his parents now file suit against the NLIA for damages. May the NLIA validly invoke the immunity of the State from suit? ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 7 UST GOLDEN NOTES 2011 A: No. Irrigation is a proprietary function. Besides, the NLIA has a juridical personality separate and distinct from the government, a suit against it is not a suit against the State. (Fontanilla v. Maliaman, G.R. Nos. 55963 & 61045, February 27, 1991) Since the waiver of the immunity from suit is without qualification, the waiver includes an action based on a quasi‐delict. (Rayo vs. CFI of Bulacan. G.R. No. L‐55954. December 19, 1981) Q: What are the implications of this phrase “waiver of immunity by the State does not mean a concession of its liability”? A: When the State gives its consent to be sued, all it does is to give the other party an opportunity to show that t...
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This document was uploaded on 03/12/2014.

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